Linda Harvey v. Burwood Council [1998] NSWLEC 98

Land and Environment Court of New South Wales

CITATION : Linda Harvey v. Burwood Council [1998] NSWLEC 98 APPLICANT Linda Harvey PARTIES : RESPONDENT Burwood Council FILE NUMBER(S) : 30684 of 1991 CORAM: Talbot J KEY ISSUES: :- Public Works Act 1912 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act William Chalmers v The Minister (Rath J 9 February 1978 25 The Valuer 228 at 230 CASES CITED: Housing Commission of NSW v San Sebastian Pty Ltd (1978) 140 CLR 196 apply. DATES OF HEARING: 27 - 30/04/98, 01/05/98 DATE OF JUDGMENT: 05/11/1998

APPLICANT Mr G De Souza (Agent)

LEGAL REPRESENTATIVES: RESPONDENT Mr G George (Barrister) Forbes Smith & Co Solicitors

JUDGMENT: By notice of resumption published in NSW Government Gazette on 17 February 1989, the respondent, Burwood Council, resumed Lot 11 Section 2 in DP 555 comprising twenty seven and a half perches (696.7 m2), known as 33 Russell Street, Strathfield for the purpose of providing, controlling and managing a public park in accordance with the reservation of the land for Open Space (Recreation) as authorised by s 348(1) of the Local Government Act 1919.

At the date of resumption the land was zoned "Open Space (Recreation) 1(a)" under the provisions of the Burwood planning scheme which was proclaimed on 6 April 1979.

The land surrounding the subject property to the north and the east is in the "Residential 2(c1)" zone, whereas the land adjoining to the west is a council park and at the date of resumption was zoned "Open Space (Recreation) 1(a)".